Form De 165 PDF Details

When navigating the complexities of managing the estate of a deceased loved one, understanding the DE-165 form is crucial. This form, known as the Notice of Proposed Action, is a key document under the Independent Administration of Estates Act. It serves as a bridge between the personal representative—be it an executor or administrator—and the parties interested in the estate, facilitating clear communication regarding significant actions proposed on the estate's behalf. The form outlines the intended actions by the personal representative, who is authorized to administer the estate without the need for constant court supervision, although this comes with certain limitations, especially concerning real property transactions. Moreover, the DE-165 form acts as a safeguard for interested parties, providing them an opportunity to consent to or object against the proposed actions before they are carried out, ensuring transparency and fairness in the administration process. This essential document, therefore, plays a pivotal role in the smooth execution of estate management duties, making it vital for all parties involved to understand its purpose, contents, and the procedures it entails.

QuestionAnswer
Form NameForm De 165
Form Length2 pages
Fillable?No
Fillable fields0
Avg. time to fill out30 sec
Other namesProb, encumbrance, TOyou, de 165

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DE-165

ATTORNEY OR PARTY WITHOUT ATTORNEY (Name, state bar number, and address):

TELEPHONE AND FAX NOS.:

FOR COURT USE ONLY

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF

STREET ADDRESS:

MAILING ADDRESS:

CITY AND ZIP CODE:

BRANCH NAME:

ESTATE OF (Name):

DECEDENT

CASE NUMBER:

NOTICE OF PROPOSED ACTION

Independent Administration of Estates Act

ObjectionConsent

NOTICE: If you do not object in writing or obtain a court order preventing the action proposed below, you will be treated as if you consented to the proposed action and you may not object after the proposed action has been taken. If you object, the personal representative may take the proposed action only under court supervision. An objection form is on the reverse. If you wish to object, you may use the form or prepare your own written objection.

1.The personal representative (executor or administrator) of the estate of the deceased is (names):

2.The personal representative has authority to administer the estate without court supervision under the Independent Administration of Estates Act (Prob. Code, § 10400 et seq.)

a. with full authority under the act.

b. with limited authority under the act (there is no authority, without court supervision, to (1) sell or exchange real property or

(2)grant an option to purchase real property or (3) borrow money with the loan secured by an encumbrance upon real property).

3. On or after (date):

 

, the personal representative will take the following action without court

supervision (describe in specific terms here or in Attachment 3):

The proposed action is described in an attachment labeled Attachment 3.

4. Real property transaction (Check this box and complete item 4b if the proposed action involves a sale or exchange or a grant of an option to purchase real property.)

a.The material terms of the transaction are specified in item 3, including any sale price and the amount of or method of calculating any commission or compensation to an agent or broker.

b. $

is the value of the subject property in the probate inventory.

 

No inventory yet.

NOTICE: A sale of real property without court supervision means that the sale will NOT be presented to the court for confirmation at a hearing at which higher bids for the property may be presented and the property sold to the highest bidder.

(Continued on reverse)

Form Approved by the

Judicial Council of California DE-165 [Rev. January 1, 1998]

NOTICE OF PROPOSED ACTION

Objection—Consent

(Probate)

Probate Code, § 10580 et seq.

ESTATE OF (Name):

DECEDENT

CASE NUMBER:

5.If you OBJECT to the proposed action

a.Sign the objection form below and deliver or mail it to the personal representative at the following address (specify name and address):

OR

b.Send your own written objection to the address in item 5a. (Be sure to identify the proposed action and state that you object to it.)

OR

c.Apply to the court for an order preventing the personal representative from taking the proposed action without court supervision.

d.NOTE: Your written objection or the court order must be received by the personal representative before the date in the box in item 3, or before the proposed action is taken, whichever is later. If you object, the personal representative may take the proposed action only under court supervision.

6.If you APPROVE the proposed action, you may sign the consent form below and return it to the address in item 5a. If you do not object in writing or obtain a court order, you will be treated as if you consented to the proposed action.

7.If you need more INFORMATION, call (name):

(telephone):

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE OF PERSONAL REPRESENTATIVE OR ATTORNEY)

OBJECTION TO PROPOSED ACTION

I OBJECT to the action proposed in item 3.

NOTICE: Sign and return this form (both sides) to the address in item 5a. The form must be received before the date in the box in item 3, or before the proposed action is taken, whichever is later. (You may want to use certified mail, with

return receipt requested. Make a copy of this form for your records.)

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE OF OBJECTOR)

CONSENT TO PROPOSED ACTION

I CONSENT to the action proposed in item 3.

NOTICE: You may indicate your consent by signing and returning this form (both sides) to the address in item 5a. If you do not object in writing or obtain a court order, you will be treated as if you consented to the proposed action.

Date:

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(TYPE OR PRINT NAME)

(SIGNATURE OF CONSENTER)

 

 

DE-165 [Rev. January 1, 1998]

NOTICE OF PROPOSED ACTION

Page two

Objection—Consent

(Probate)

How to Edit Form De 165 Online for Free

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This document requires particular info to be typed in, hence you need to take some time to provide precisely what is required:

1. First, when completing the seq, start out with the page that includes the following blanks:

How you can complete CALIFORNIA part 1

2. After this segment is completed, you need to include the required particulars in The personal representative, The personal representative has, a b, with full authority under the act, On or after date, the personal representative will, supervision describe in specific, and The proposed action is described in order to progress further.

Stage no. 2 for filling out CALIFORNIA

3. This third step is going to be simple - complete every one of the fields in Real property transaction Check, is the value of the subject, No inventory yet, NOTICE A sale of real property, Form Approved by the, Judicial Council of California, DE Rev January, Continued on reverse, NOTICE OF PROPOSED ACTION, ObjectionConsent, Probate, and Probate Code et seq to conclude this process.

Writing part 3 in CALIFORNIA

4. The subsequent section needs your information in the subsequent places: ESTATE OF Name, CASE NUMBER, DECEDENT, If you OBJECT to the proposed, a Sign the objection form below, address, b Send your own written objection, c Apply to the court for an order, d NOTE Your written objection or, item or before the proposed, If you APPROVE the proposed, If you need more INFORMATION call, and Date. Ensure you give all of the needed info to move onward.

CALIFORNIA writing process shown (step 4)

5. As you come near to the finalization of this document, you'll notice a couple extra requirements that need to be satisfied. In particular, Date, TYPE OR PRINT NAME, SIGNATURE OF PERSONAL, I OBJECT to the action proposed in, OBJECTION TO PROPOSED ACTION, NOTICE Sign and return this form, box in item or before the, Date, TYPE OR PRINT NAME, SIGNATURE OF OBJECTOR, and CONSENT TO PROPOSED ACTION must all be filled in.

Step no. 5 in filling in CALIFORNIA

People who work with this form frequently make mistakes while filling out I OBJECT to the action proposed in in this part. Be certain to review what you enter right here.

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